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Resale Price Maintenance Agreement
"I need a Resale Price Maintenance Agreement for my luxury watch brand's expansion into the Canadian market, to be effective from March 1, 2025, establishing suggested retail prices for our authorized dealers while ensuring compliance with Canadian competition law."
1. Parties: Identification of the supplier/manufacturer and the reseller/distributor
2. Background: Context of the agreement, including the business relationship and purpose
3. Definitions: Key terms used throughout the agreement, including 'Suggested Resale Price', 'Products', and 'Territory'
4. Appointment and Scope: Designation of the reseller and the scope of their rights to sell the products
5. Pricing Mechanism: Details of how suggested resale prices are set, communicated, and updated
6. Competition Law Compliance: Explicit statements ensuring compliance with Section 76 of the Competition Act and related provisions
7. Reseller Obligations: Responsibilities of the reseller regarding pricing, marketing, and product representation
8. Supplier Obligations: Responsibilities of the supplier including product supply and pricing support
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Protection of confidential information exchanged between parties
11. Governing Law and Jurisdiction: Specification of Canadian law application and jurisdiction
12. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Marketing and Promotion: Specific requirements for marketing activities and promotional pricing - include when marketing coordination is crucial
2. Quality Control: Standards for product presentation and service - include for luxury or specialized products
3. Online Sales Provisions: Specific rules for e-commerce and online pricing - include when digital sales are significant
4. Audit Rights: Right to audit reseller's compliance with pricing provisions - include for complex distribution networks
5. Territory Restrictions: Geographical limitations on resale activities - include when territorial divisions are necessary
6. Training Requirements: Staff training obligations for product knowledge and pricing - include for technical or specialized products
7. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer arbitration over litigation
1. Schedule A - Product List: Comprehensive list of products covered by the agreement
2. Schedule B - Suggested Resale Prices: Current list of suggested resale prices for all products
3. Schedule C - Pricing Guidelines: Detailed guidelines for implementing the pricing strategy
4. Schedule D - Compliance Protocol: Step-by-step protocol for ensuring competition law compliance
5. Schedule E - Territory Map: Geographical definition of authorized sales territory
6. Appendix 1 - Reporting Templates: Standard forms for price reporting and compliance documentation
7. Appendix 2 - Marketing Guidelines: Guidelines for price-related marketing and advertising
Authors
Luxury Goods
Consumer Electronics
Automotive
Fashion and Apparel
Pharmaceuticals
Sporting Goods
Home Appliances
Cosmetics and Beauty
Industrial Equipment
Food and Beverage
Legal
Sales
Compliance
Commercial
Pricing
Distribution
Retail Operations
Business Development
Regulatory Affairs
Marketing
Legal Counsel
Commercial Director
Sales Manager
Pricing Manager
Compliance Officer
Business Development Manager
Channel Manager
Distribution Manager
Retail Operations Director
Brand Manager
Commercial Contracts Manager
Chief Commercial Officer
Head of Sales
General Counsel
Regulatory Affairs Manager
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